33 U.S.C. § 2238 — Authorization of appropriations

Page 727 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238 ed on board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of port or harbor dues under this section shall, within forty-eight hours before departure of that vessel, deliver to the ap- propriate authorized representative ap- pointed under subsection (a)(6)(C) of this sec- tion an export declaration specifying the cargo to be loaded on board that vessel. (d) Enforcement At the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the Secretary of the Treasury may: (1) withhold the clearance required by sec- tion 60105 of title 46 for a vessel if the master, owner, or operator of a vessel subject to port or harbor dues under this section fails to com- ply with the provisions of this section includ- ing any non-Federal law, regulation or ordi- nance issued hereunder; and (2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 (19 U.S.C. 1202 et seq.) if the shipper, con- signor, consignee, or terminal operator having title to or custody of cargo subject to port or harbor dues under this section fails to comply with the provisions of this section including any non-Federal law, regulation, or ordinance issued hereunder. (e) Maritime Lien Port or harbor dues levied under this section against a vessel constitute a maritime lien against the vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be recovered in an action in the dis- trict court of the United States for the district in which the vessel or cargo is found. (Pub. L. 99–662, title II, § 208, Nov. 17, 1986, 100 Stat. 4102; Pub. L. 104–66, title I, § 1021(g), Dec. 21, 1995, 109 Stat. 713.) Editorial Notes REFERENCES IN TEXT Subsection (b) of this section, referred to in subsec. (a)(6)(B), which related to audits, was struck out by Pub. L. 104–66 and subsec. (c) was redesignated as sub- sec. (b). Subsection (c) of this section, referred to in subsec. (a)(6)(D), which related to jurisdiction, was redesig- nated as subsec. (b) by Pub. L. 104–66. The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Cus- toms Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. CODIFICATION In subsec. (d)(1), ‘‘section 60105 of title 46’’ substituted for ‘‘section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act en- acted section 60105 of Title 46, Shipping. AMENDMENTS 1995—Subsecs. (b) to (f). Pub. L. 104–66 redesignated subsecs. (c) to (f) as (b) to (e), respectively, and struck out heading and text of former subsec. (b). Text read as follows: ‘‘The Comptroller General of the United States shall— ‘‘(1) carry out periodic audits of the operations of non-Federal interests that elect to levy port or har- bor dues under this section to determine if the condi- tions of subsection (a) of this section are being com- plied with; ‘‘(2) submit to each House of the Congress a written report containing the findings resulting from each audit; and ‘‘(3) make any recommendations that the Comp- troller General considers appropriate regarding the compliance of those non-Federal interests with the requirements of this section.’’ § 2237. Information for national security Any non-Federal interest shall provide the United States the information necessary for military readiness planning and harbor, inland harbor, and national security, including infor- mation necessary to obtain national security clearances for individuals employed in critical harbor and inland harbor positions. (Pub. L. 99–662, title II, § 209, Nov. 17, 1986, 100 Stat. 4106.) § 2238. Authorization of appropriations (a) Trust fund There are authorized to be appropriated out of the Harbor Maintenance Trust Fund, established by section 9505 of title 26, for each fiscal year such sums as may be necessary to pay— (1) 100 percent of the eligible operations and maintenance costs of those portions of the Saint Lawrence Seaway operated and main- tained by the Great Lakes St. Lawrence Sea- way Development Corporation for such fiscal year; and (2) up to 100 percent of the eligible oper- ations and maintenance costs assigned to com- mercial navigation of all harbors and inland harbors within the United States. (b) General fund There are authorized to be appropriated out of the general fund of the Treasury of the United States for each fiscal year such sums as may be necessary to pay the balance of all eligible oper- ations and maintenance costs not provided by payments from the Harbor Maintenance Trust Fund under this section. (c) Operation and maintenance of harbor projects (1) In general To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the har- bors and inland harbors referred to in sub- section (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors and inland harbors. (2) Criteria (A) In general In determining an equitable allocation of funds under paragraph (1), the Secretary shall— (i) consider the information obtained in the assessment conducted under sub- section (e); Page 728 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238 (ii) consider the national and regional significance of harbor operations and maintenance; and (iii) as appropriate, consider national se- curity and military readiness needs. (B) Limitation The Secretary shall not allocate funds under paragraph (1) based solely on the ton- nage transiting through a harbor. (3) Emerging harbor projects (A) Allocation Notwithstanding any other provision of this subsection, in making expenditures under paragraph (1) for each fiscal year, the Secretary shall allocate for operation and maintenance costs of emerging harbor projects an amount that is not less than 10 percent of the funds made available under this section for fiscal year 2012 to pay the costs described in subsection (a)(2). (B) Additional uses at emerging harbors (i) Uses In each fiscal year, the Secretary may use not more than $5,000,000 of funds allo- cated for emerging harbor projects under paragraph (1) to pay for the costs of up to 10 projects for maintenance dredging of a marina or berthing area, in an emerging harbor, that includes an area that is lo- cated adjacent to, or is accessible by, a Federal navigation project, subject to clauses (ii) and (iii) of this subparagraph. (ii) Eligible emerging harbors The Secretary may use funds as author- ized under clause (i) at an emerging harbor that— (I) supports commercial activities, in- cluding commercial fishing operations, commercial fish processing operations, recreational and sport fishing, and com- mercial boat yards; or (II) supports activities of the Secretary of the department in which the Coast Guard is operating. (iii) Cost-sharing requirements The Secretary shall require a non-Fed- eral interest to contribute not less than 25 percent of the costs for maintenance dredging of that portion of a maintenance dredging project described in clause (i) that is located outside of the Federal navi- gation project, which may be provided as an in-kind contribution, including through the use of dredge equipment owned by non- Federal interest to carry out such activi- ties. (4) Management of Great Lakes Navigation System To sustain effective and efficient operation and maintenance of the Great Lakes Naviga- tion System, including any navigation feature in the Great Lakes that is a Federal responsi- bility with respect to operation and mainte- nance, the Secretary shall manage all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects. (d) Prioritization (1) Priority (A) In general For each fiscal year, if priority funds are available, the Secretary shall use at least 10 percent of such funds for emerging harbor projects. (B) Additional considerations For each fiscal year, of the priority funds available, the Secretary shall use— (i) not less than 5 percent of such funds for underserved harbor projects; and (ii) not less than 10 percent of such funds for projects that are located within the Great Lakes Navigation System. (C) Underserved harbors In determining which underserved harbor projects shall receive funds under this para- graph, the Secretary shall consider— (i) the total quantity of commerce sup- ported by the water body on which the project is located; and (ii) the minimum width and depth that— (I) would be necessary at the under- served harbor project to provide suffi- cient clearance for fully loaded commer- cial vessels using the underserved harbor project to maneuver safely; and (II) does not exceed the constructed width and depth of the authorized navi- gation project. (2) Expanded uses (A) Definition of eligible harbor or inland harbor defined In this paragraph, the term ‘‘eligible har- bor or inland harbor’’ means a harbor or in- land harbor at which the total amount of harbor maintenance taxes collected in the immediately preceding 3 fiscal years exceeds the value of the work carried out for the harbor or inland harbor using amounts from the Harbor Maintenance Trust Fund during those 3 fiscal years. (B) Use of expanded uses funds (i) Fiscal years 2015 through 2024 For each of fiscal years 2015 through 2024, of the priority funds available, the Secretary shall use not less than 10 per- cent of such funds for expanded uses car- ried out at an eligible harbor or inland harbor. (ii) Subsequent fiscal years For fiscal year 2025 and each fiscal year thereafter, the Secretary shall use not less than 10 percent of the priority funds avail- able for expanded uses carried out at an el- igible harbor or inland harbor. (C) Prioritization In allocating funds under this paragraph, the Secretary shall give priority to projects at eligible harbors or inland harbors for which the difference, calculated in dollars, is greatest between— Page 729 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238 1 See References in Text note below. (i) the total amount of funding made available for projects at that eligible har- bor or inland harbor from the Harbor Maintenance Trust Fund in the imme- diately preceding 3 fiscal years; and (ii) the total amount of harbor mainte- nance taxes collected at that harbor or in- land harbor in the immediately preceding 3 fiscal years. (3) Remaining funds (A) In general For each of fiscal years 2015 through 2024, if after fully funding all projects eligible for funding under paragraphs (1)(B) and (2)(B)(i), priority funds made available under those paragraphs remain unobligated, the Sec- retary shall use those remaining funds to pay for operation and maintenance costs of any harbor or inland harbor referred to in subsection (a)(2) based on an equitable allo- cation of those funds among the harbors and inland harbors. (B) Criteria In determining an equitable allocation of funds under subparagraph (A), the Secretary shall— (i) use the criteria specified in sub- section (c)(2)(A); and (ii) make amounts available in accord- ance with the requirements of paragraph (1)(A). (4) Emergency expenditures Nothing in this subsection prohibits the Sec- retary from making an expenditure to pay for the operation and maintenance costs of a spe- cific harbor or inland harbor, including the transfer of funding from the operation and maintenance of a separate project, if— (A) the Secretary determines that the ac- tion is necessary to address the navigation needs of a harbor or inland harbor where safe navigation has been severely restricted due to an unforeseen event; and (B) the Secretary provides within 90 days of the action notice and information on the need for the action to the Committee on En- vironment and Public Works and the Com- mittee on Appropriations of the Senate and the Committee on Transportation and Infra- structure and the Committee on Appropria- tions of the House of Representatives. (e) Assessment of harbors and inland harbors (1) In general Not later than 270 days after June 10, 2014, and biennially thereafter, the Secretary shall assess, and issue a report to Congress on, the operation and maintenance needs and uses of the harbors and inland harbors referred to in subsection (a)(2). (2) Assessment of harbor needs and activities (A) Total operation and maintenance needs of harbors In carrying out paragraph (1), the Sec- retary shall identify— (i) the total future costs required to achieve and maintain the constructed width and depth for the harbors and inland harbors referred to in subsection (a)(2); and (ii) the total expected costs for uses de- scribed in subsection (c)(3)(B) and ex- panded uses at eligible harbors or inland harbors referred to in subsection (d)(2). (B) Uses of harbors and inland harbors In carrying out paragraph (1), the Sec- retary shall identify current uses (and, to the extent practicable, assess the national, regional, and local benefits of such uses) of harbors and inland harbors referred to in subsection (a)(2), including the use of those harbors for— (i) commercial navigation, including the movement of goods; (ii) domestic trade; (iii) international trade; (iv) commercial fishing; (v) subsistence, including use by Indian tribes (as defined in section 5304 of title 25) for subsistence and ceremonial purposes; (vi) use as a harbor of refuge; (vii) transportation of persons; (viii) purposes relating to domestic en- ergy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities; (ix) activities of the Secretary of the de- partment in which the Coast Guard is op- erating; (x) activities of the Secretary of the Navy; (xi) public health and safety related equipment for responding to coastal and inland emergencies; (xii) recreation purposes; and (xiii) other authorized purposes. (C) Opportunities for beneficial use of dredged materials In carrying out paragraph (1), the Sec- retary shall identify potential opportunities for the beneficial use of dredged materials obtained from harbors and inland harbors re- ferred to in subsection (a)(2), including projects eligible under section 1122 of the Water Resources Development Act of 2016 (130 Stat. 1645; 33 U.S.C. 2326 note 1). (f) Definitions In this section: (1) Constructed width and depth The term ‘‘constructed width and depth’’ means the width and depth to which a project has been constructed, which may not exceed the authorized width and depth of the project. (2) Emerging harbor The term ‘‘emerging harbor’’ means a harbor or inland harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of cargo annually. (3) Emerging harbor project The term ‘‘emerging harbor project’’ means a project that is assigned to an emerging har- bor. (4) Expanded uses The term ‘‘expanded uses’’ means the fol- lowing activities: Page 730 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238 (A) The maintenance dredging of a berth in a harbor that is accessible to a Federal navigation project and that benefits com- mercial navigation at the harbor. (B) The maintenance dredging and disposal of legacy-contaminated sediment, and sedi- ment unsuitable for open water disposal, if— (i) such dredging and disposal benefits commercial navigation at the harbor; and (ii) such sediment is located in and af- fects the maintenance of a Federal naviga- tion project or is located in a berth that is accessible to a Federal navigation project. (C) An in-water improvement, if the im- provement— (i) is for the seismic reinforcement of a wharf or other berthing structure, or the repair or replacement of a deteriorating wharf or other berthing structure, at a port facility; (ii) benefits commercial navigation at the harbor; and (iii) is located in, or adjacent to, a berth that is accessible to a Federal navigation project. (D) An activity to maintain slope stability at a berth in a harbor that is accessible to a Federal navigation project if such activity benefits commercial navigation at the har- bor. (5) Great Lakes Navigation System The term ‘‘Great Lakes Navigation System’’ includes— (A)(i) Lake Superior; (ii) Lake Huron; (iii) Lake Michigan; (iv) Lake Erie; and (v) Lake Ontario; (B) all connecting waters between the lakes referred to in subparagraph (A) used for commercial navigation; (C) any navigation features in the lakes re- ferred to in subparagraph (A) or waters de- scribed in subparagraph (B) that are a Fed- eral operation or maintenance responsi- bility; and (D) areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation. (6) Harbor maintenance tax The term ‘‘harbor maintenance tax’’ means the amounts collected under section 4461 of title 26. (7) Moderate-use harbor project The term ‘‘moderate-use harbor project’’ means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2) that transits annually— (A) more than 1,000,000 tons of cargo; but (B) less than 10,000,000 tons of cargo. (8) Priority funds The term ‘‘priority funds’’ means the dif- ference between— (A) the total funds that are made available under this section to pay the costs described in subsection (a)(2) for a fiscal year; and (B) the total funds made available under this section to pay the costs described in subsection (a)(2) in fiscal year 2012. (9) Underserved harbor project (A) In general The term ‘‘underserved harbor project’’ means a project that is assigned to a harbor or inland harbor referred to in subsection (a)(2)— (i) that is a moderate-use harbor project or an emerging harbor project; (ii) that has been maintained at less than the constructed width and depth of the project during each of the preceding 6 fiscal years; and (iii) for which State and local invest- ments in infrastructure have been made at those projects during the preceding 6 fiscal years. (B) Administration For purposes of this paragraph, State and local investments in infrastructure shall in- clude infrastructure investments made using amounts made available for activities under section 5305(a)(9) of title 42. (Pub. L. 99–662, title II, § 210, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 101–640, title III, § 316, Nov. 28, 1990, 104 Stat. 4641; Pub. L. 113–121, title II, § 2102(a), June 10, 2014, 128 Stat. 1273; Pub. L. 114–322, title I, §§ 1103, 1107, 1114, Dec. 16, 2016, 130 Stat. 1633, 1634, 1638; Pub. L. 115–270, title I, § 1216, Oct. 23, 2018, 132 Stat. 3810; Pub. L. 116–260, div. AA, title I, § 102(b), title V, § 512(c)(5)(B), Dec. 27, 2020, 134 Stat. 2619, 2756; Pub. L. 118–272, div. A, title II, § 1206(d)(1), Jan. 4, 2025, 138 Stat. 3077.) Editorial Notes REFERENCES IN TEXT Section 1122 of the Water Resources Development Act of 2016, referred to in subsec. (e)(2)(C), is section 1122 of Pub. L. 114–322, title I, § 1122, Dec. 16, 2016, 130 Stat. 1645. Subsecs. (a) to (h) of section 1122, which was formerly set out as a note under section 2326 of this title, was transferred to section 2326i of this title. Subsec. (i) of section 1122 amended section 2326 of this title. Subsec. (j) of section 1122 amended section 1962d–5f of Title 42, The Public Health and Welfare. AMENDMENTS 2025—Subsec. (e)(3). Pub. L. 118–272 struck out par. (3) which related to report to Congress with respect to har- bors and inland harbors referred to in subsection (a)(2). 2020—Subsec. (a)(1). Pub. L. 116–260, § 512(c)(5)(B), sub- stituted ‘‘Great Lakes St. Lawrence Seaway Develop- ment Corporation’’ for ‘‘Saint Lawrence Seaway Devel- opment Corporation’’. Subsec. (c)(3). Pub. L. 116–260, § 102(b)(1), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B). Subsec. (e)(2)(A)(ii). Pub. L. 116–260, § 102(b)(2), in- serted ‘‘uses described in subsection (c)(3)(B) and’’ after ‘‘costs for’’. Subsec. (f)(2), (3). Pub. L. 116–260, § 102(b)(3)(C), added pars. (2) and (3) and struck out former par. (2) which de- fined ‘‘emerging harbor project’’. Subsec. (f)(4). Pub. L. 116–260, § 102(b)(3)(B), redesig- nated par. (3) as (4) and added subpars. (C) and (D). Former par. (4) redesignated (5). Subsec. (f)(4)(C), (D). Pub. L. 116–260, § 102(b)(3)(D), added subpars. (C) and (D). Subsec. (f)(5). Pub. L. 116–260, § 102(b)(3)(B), redesig- nated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (f)(6). Pub. L. 116–260, § 102(b)(3)(A), (B), redes- ignated par. (5) as (6) and struck out former par. (6) which defined ‘‘high-use harbor project’’. Page 731 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238 2018—Subsec. (e)(1). Pub. L. 115–270, § 1216(1), sub- stituted ‘‘shall assess, and issue a report to Congress on, the’’ for ‘‘shall assess the’’. Subsec. (e)(2)(C). Pub. L. 115–270, § 1216(2), added sub- par. (C). 2016—Subsec. (c)(3). Pub. L. 114–322, § 1103(1), sub- stituted ‘‘for each fiscal year’’ for ‘‘for each of fiscal years 2015 through 2022’’. Subsec. (d)(1)(A). Pub. L. 114–322, § 1103(2), added sub- par. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘For each of fiscal years 2015 through 2024, if priority funds are available, the Secretary shall use the priority funds as follows: ‘‘(i) 90 percent of the priority funds shall be used for high- and moderate-use harbor projects. ‘‘(ii) 10 percent of the priority funds shall be used for emerging harbor projects.’’ Subsec. (d)(1)(B). Pub. L. 114–322, § 1107, substituted ‘‘For each fiscal year’’ for ‘‘For each of fiscal years 2015 through 2024’’ in introductory provisions. Subsec. (e)(3)(B), (C). Pub. L. 114–322, § 1114, added sub- par. (B) and redesignated former subpar. (B) as (C). 2014—Subsecs. (c) to (f). Pub. L. 113–121 added subsecs. (c) to (f). 1990—Subsec. (a)(2). Pub. L. 101–640 substituted ‘‘up to 100 percent’’ for ‘‘not more than 40 percent’’. Statutory Notes and Related Subsidiaries EMERGING HARBORS Pub. L. 118–272, div. A, title I, § 1129, Jan. 4, 2025, 138 Stat. 3018, provided that: ‘‘Not later than 90 days after the date of enactment of this Act [Jan. 4, 2025], the Secretary [of the Army] shall— ‘‘(1) issue guidance for the purpose of carrying out section 210(c)(3)(B) of the Water Resources Develop- ment Act of 1986 (33 U.S.C. 2238(c)(3)(B)); and ‘‘(2) develop a mechanism to accept the non-Federal share of funds from a non-Federal interest for main- tenance dredging carried out under such section.’’ ANNUAL REPORT ON HARBOR MAINTENANCE NEEDS AND TRUST FUND EXPENDITURES Pub. L. 118–272, div. A, title II, § 1206(a)–(c), Jan. 4, 2025, 138 Stat. 3076, 3077, provided that: ‘‘(a) IN GENERAL.—On the date on which the budget of the President is submitted to Congress pursuant to sec- tion 1105 of title 31, United States Code, for fiscal year 2026, and for each fiscal year thereafter, the Secretary [of the Army] shall submit to the Committee on Trans- portation and Infrastructure of the House of Represent- atives and the Committee on Environment and Public Works of the Senate a report describing— ‘‘(1) with respect to the fiscal year for which the budget is submitted, the operation and maintenance costs associated with harbors and inland harbors de- scribed in section 210(a)(2) of the Water Resources De- velopment Act of 1986 (33 U.S.C. 2238(a)(2)), including a description of the costs required to achieve and maintain the constructed width and depth for such harbors and inland harbors and the costs for ex- panded uses at eligible harbors and inland harbors (as defined in section 210(d)(2) of such Act [33 U.S.C. 2238(d)(2)]), on a project-by-project basis; ‘‘(2) as of the date on which the report is submitted, expenditures and deposits into the Harbor Mainte- nance Trust Fund established under section 9505 of the Internal Revenue Code of 1986 [26 U.S.C. 9505]; ‘‘(3) an identification of the amount of funding re- quested in the budget of the President for the oper- ation and maintenance costs associated with such harbors and inland harbors, on a project-by-project basis; ‘‘(4) an explanation of how the amount of funding described in paragraph (2) complies with the require- ments of section 102 [probably should be ‘‘102(a)’’] of the Water Resources Development Act of 2020 [div. AA of Pub. L. 116–260] (33 U.S.C. 2238 note); ‘‘(5) an identification of the unmet operation and maintenance needs associated with such harbors and inland harbors, on a project-by-project basis, that re- mains after accounting for the amount identified under paragraph (3); and ‘‘(6) a description of deposits made into the Harbor Maintenance Trust Fund in the fiscal year preceding the fiscal year of the applicable budget submission and the sources of such deposits. ‘‘(b) ADDITIONAL REQUIREMENT.—In the first report re- quired to be submitted under subsection (a), the Sec- retary shall identify, to the maximum extent prac- ticable, transportation cost savings realized by achiev- ing and maintaining the constructed width and depth for the harbors and inland harbors described in section 210(a)(2) of the Water Resources Development Act of 1986 [33 U.S.C. 2238(a)(2)], on a project-by-project basis. ‘‘(c) PUBLIC AVAILABILITY.—The Secretary shall make the report submitted under subsection (a) publicly available, including on a publicly available website.’’ CRITERIA FOR FUNDING OPERATION AND MAINTENANCE OF SMALL, REMOTE, AND SUBSISTENCE HARBORS Pub. L. 117–263, div. H, title LXXXI, § 8131, Dec. 23, 2022, 136 Stat. 3718, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2022], the Sec- retary [of the Army] shall develop specific criteria for the annual evaluation and ranking of maintenance dredging requirements for small harbors and remote and subsistence harbors, taking into account the fol- lowing: ‘‘(1) The contribution of a harbor to the local and regional economy. ‘‘(2) The extent to which a harbor has deteriorated since the last cycle of maintenance dredging. ‘‘(3) Public safety concerns. ‘‘(b) INCLUSION IN GUIDANCE.—The Secretary shall in- clude the criteria developed under subsection (a) in the annual Civil Works Direct Program Development Pol- icy Guidance of the Secretary. ‘‘(c) REPORT TO CONGRESS.—The Secretary shall in- clude in each biennial report submitted under section 210(e)(3) of the Water Resources Development Act of 1986 ([former] 33 U.S.C. 2238(e)(3)) a ranking of projects in accordance with the criteria developed under sub- section (a) of this section. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) REMOTE AND SUBSISTENCE HARBOR.—The term ‘remote and subsistence harbor’ means a harbor with respect to which section 2006 of the Water Resources Development Act of 2007 (33 U.S.C. 2242) applies, as determined by the Secretary [of the Army]. ‘‘(2) SMALL HARBOR.—The term ‘small harbor’ in- cludes an emerging harbor, as such term is defined in section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238).’’ AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION Pub. L. 116–260, div. AA, title I, § 102(a), Dec. 27, 2020, 134 Stat. 2618, provided that: ‘‘(1) IN GENERAL.—In carrying out subsection (c) of section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238), for each fiscal year, of the funds made available under such section (including funds ap- propriated from the Harbor Maintenance Trust Fund), the Secretary [of the Army] shall, to the extent prac- ticable, unless otherwise directed in an Act making ap- propriations for the Corps of Engineers, make expendi- tures to pay for operation and maintenance costs of the harbors and inland harbors referred to in subsection (a)(2) of such section, to the extent there are identifi- able operations and maintenance needs, of— ‘‘(A) not less than 15 percent of such funds for emerging harbor projects, including eligible break- water and jetty needs at such harbor projects; ‘‘(B) not less than 13 percent of such funds for projects that are located within the Great Lakes Navigation System; Page 732 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2238a ‘‘(C) 12 percent of such funds for expanded uses car- ried out at donor ports and energy transfer ports, of which— ‘‘(i) 1⁄3 shall be provided to energy transfer ports; and ‘‘(ii) 2⁄3 shall be provided to donor ports; ‘‘(D) not less than 17 percent of such funds for projects that are assigned to commercial strategic seaports; and ‘‘(E) any remaining funds for operation and mainte- nance costs of any harbor or inland harbor referred to in such subsection (a)(2) [33 U.S.C. 2238(a)(2)] based on an equitable allocation of such funds among such har- bors and inland harbors, in accordance with sub- section (c)(1) of such section 210 [33 U.S.C. 2238(c)(1)]. ‘‘(2) DEFINITIONS.—In this subsection: ‘‘(A) COMMERCIAL STRATEGIC SEAPORT.—The term ‘commercial strategic seaport’ means a commercial harbor supporting the coordination of efficient port operations during peacetime and national defense emergencies that is designated as strategic through the National Port Readiness Network. ‘‘(B) DONOR PORT; ENERGY TRANSFER PORT.—The terms ‘donor port’ and ‘energy transfer port’ have the meanings given those terms in section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c). ‘‘(C) EMERGING HARBOR PROJECT; GREAT LAKES NAVI- GATION SYSTEM.—The terms ‘emerging harbor project’ and ‘Great Lakes Navigation System’ have the mean- ings given those terms in section 210 of the Water Re- sources Development Act of 1986 (33 U.S.C. 2238). ‘‘(3) EFFECTIVE DATE.—This subsection shall take ef- fect on October 1, 2022.’’ GUIDANCE Pub. L. 113–121, title II, § 2102(d), as added by Pub. L. 114–322, title I, § 1112, Dec. 16, 2016, 130 Stat. 1637, pro- vided that: ‘‘Not later than 90 days after the date of en- actment of the Water Resources Development Act of 2016 [Dec. 16, 2016], the Secretary [of the Army] shall publish on the website of the Corps of Engineers guid- ance on the implementation of this section [amending this section, section 2211 of this title, and section 9505 of Title 26, Internal Revenue Code] and the amend- ments made by this section.’’ § 2238a. Estimate of harbor maintenance needs For fiscal year 2014 and each fiscal year there- after, the President’s budget request submitted pursuant to section 1105 of title 31, United States Code, shall include— (1) an estimate of the nationwide average availability, expressed as a percentage, of the authorized depth and authorized width of all navigation channels authorized to be main- tained using appropriations from the Harbor Maintenance Trust Fund that would result from harbor maintenance activities to be funded by the budget request; and (2) an estimate of the average annual amount of appropriations from the Harbor Maintenance Trust Fund that would be re- quired to increase that average availability to 95 percent over a 3-year period. (Pub. L. 112–141, div. A, title I, § 1537, July 6, 2012, 126 Stat. 585.) Editorial Notes CODIFICATION Section was enacted as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of the Water Resources Devel- opment Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. § 2238b. Funding for harbor maintenance pro- grams (a) Definitions In this section: (1) Total amount of harbor maintenance taxes received The term ‘‘total amount of harbor mainte- nance taxes received’’ means, with respect to a fiscal year, the aggregate of amounts appro- priated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 for that fiscal year as set forth in the current year estimate provided in the President’s budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31. (2) Total budget resources The term ‘‘total budget resources’’ means the total amount made available by appropria- tions Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26. (b) Target appropriations (1) In general Except as provided in subsection (c), the tar- get total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following: (A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014. (B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015. (C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016. (D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017. (E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018. (F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019. (G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020. (H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021. (I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022. (J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023. (K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total